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RIZWAN AHMED vs FEDERATION OF PAKISTAN S — 2024 CLC 1703 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 1703 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
RIZWAN AHMED vs FEDERATION OF PAKISTAN S
Subject matter
Civil
Provisions referred to
S. 5---C; S. 114; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIZWAN AHMED VS FEDERATION OF PAKISTAN S. 5---Constitution of Pakistan, Arts.199, 260(3)(a) & 260(3)(b)---Civil Procedure Code (V of 1908), S. 114 & O.XLVII---Review of judgment---Non-Muslim view---Quadiani Group or Lahori Group---Precedent, impact of---Petitioner was aggrieved of precedent judgments relied upon in judgment under review which were passed prior to declaration of Quadiani Group or Lahori Group as non-Muslims, and the view in the said judgments did not pertain to Muslims---Held, that paragraphs in question were only reproduced as extracts from the referred judgments---With the promulgation of the Constitution of Pakistan, 1973 and more specifically by inserting definitions of "Muslim" and "non-Muslim" in Art. 260(3)(a) and (b), the observations recorded in referred judgments automatically lost their efficacy as well as status---Persons of Quadiani Group or Lahori Group who call themselves "Ahmadis" or by any other name or a Bahai, and a person belonging to any of the Scheduled Castes could not be termed as "Muslim" or class/sect of "Muslim"---High Court directed that the observations recorded in the present review application shall be treated as part of the judgment under review---Review petition was disposed of accordingly.

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